HomeMy WebLinkAboutOrdinance No. 4592 - Ordinance: Text Amendment 60.200.040E Unified Development Code
ORDINANCE NO.
AN ORDINANCE AMENDING SUBSECTION 1 AND SUBSECTION 2 OF
SUBPARAGRAPH (a) OF PARAGRAPH 10 OF CLAUSE E OF SECTION
60.200.040 RELATING TO FLOODPLAIN OVERLAY, AND VARIOUS
DEFINITIONS OF THE UNIFIED DEVELOPMENT CODE.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Subsection 1 and Subsection 2 of Subparagraph (a) of Paragraph 10 of Clause
E of Section 60.200.040 relating to Floodplain Overlay Districts of the Unified Development Code
is amended as follows:
1.) Dwellings
(a) General
(i) New dwellings shall be constructed on fill so that the lowest floor (including
basement) is at or above the flood protection elevation.
(ii) The finished fill elevation shall be no lower than one foot below the flood
protection elevation and shall extend at such elevation at least 15 feet beyond
the limits of any structure or building thereon.
(iii) The lower floor or residential additions of any size shall be constructed at or
above the regional flood elevation.
(iv) Residence that do not have vehicular access at or above an elevation not more
than two feet below the flood protection elevation shall not be permitted.
(v) If a variance to the access requirement is granted, the Board of Appeals must
specify limitations on the period of use or occupancy of the structure for times of
flooding and only after determining that adequate floor warning time and local
flood emergency response procedures exist.
(b) Dwellings in the AO Zone
As an exception to Subsection 1)(a) above, new dwellings in the AO zone shall be
constructed on fill so that the lowest floor (including basement) is elevated above the
highest adjacent grade at least as high as one foot above the depth number specified
in feet on the Rochester Flood Insurance Rate Map. There must be adequate
drainage paths around structures on slopes to guide floodwaters around and away
from existing or proposed structures or additions.
2.) Non-Residential Uses
a. General
New structures shall be elevated so that their first floor (including basement) is at or
above the flood protection elevation. The finished fill elevation shall be no lower than
one foot below the flood protection elevation.
(b) Non-Residential Uses in the AO Zone
As an exception to Subsection 1)(a) above, new structures shall be constructed on
fill so that the lowest floor (including basement) is elevated above the highest
adjacent grade at least as high as the depth number specified in feet on the
Rochester Flood Insurance Rate Maps, or together with attendant utility and sanitary
facilities be completely flood-proofed in accordance with the State Building Code to
the FP-l or FP-2 classification without the utilization of dikes, dams or levee. There
must be adequate drainage paths around structures on slopes to guide floodwaters
around and away from existing or proposed structures or additions.
Section 2. The following Definitions of Section 60.600.030 of the Unified Development Code is
amended as follows:
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of
an adopted floodplain management regulation, and includes any subsequent improvements
to such structures.
OBSTRUCTION
Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation,
channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter
in, along, across, or projecting into any channel, watercourse, or regulatory floodplain that
may impede, retard, or change the direction of the flow of water, either in itself or by catching
or collecting debris carried by such water.
ORDINARY HIGH WATER LEVEL
See definition in general definition list.
START OF CONSTRUCTION
Includes substantial improvement, and means the date the permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or
other improvement was within 180 days of the permit date. The actual start means either the
first placement of permanent construction of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns, or any work beyond the
stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, foundations, or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that alteration affects the external
dimensions of the building.
Section 3. This ordinance shall become effective from and after its publication.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2026.
____________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF , 2026.
____________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord25/UDC.60.200.040E.Floodplain.TA.docx